Estate of Black

Darling, Maclin & Day and Curtis Darling for Objectors and Appellants.

OPINION

HANSON (P.D.), J.

In this probate proceeding, we hold that petitioner, a beneficiary under the will and alleged unmarried partner of decedent, may seek a determination of claimed property rights arising during the couple's lengthy relationship without forfeiting, by operation of the will's no-contest clause, the specific gift of their residence. We reach this conclusion based upon our independent interpretation of the language of the will in light of uncontradicted facts in the pleadings; the merits of petitioner's claims to a partnership interest in property in the estate are not before us.

Both sides appeal from an order of the probate court under Probate Code sections 588 and 1080 [1] ruling upon the petition of Donna Graham "FOR DETERMINATION OF INTEREST UNDER THE WILL AND FOR INTERPRETATION OF THE WILL" of decedent Leo Black and the response of the co-executors seeking instructions. Graham, a beneficiary and the alleged unmarried cohabitant of the deceased, sought a ruling that the filing of a proposed section 851.5 petition to determine an interest in property in the estate under theories of…